Overview of the Nevada Transportation Authority. Alaina Burtenshaw, Chair

Transcription

1 Overview of the Nevada Transportation Authority Alaina Burtenshaw, Chair EXHIBIT E Senate Committee on Transportation 1 Total pages: 10 Date: Exhibit begins with: E1 thru: E10

2 The Nevada Transportation Authority s Regulatory Responsibilities The Nevada Transportation Authority ( NTA ) administers and enforces state law regulating: Passenger transportation, household goods movers and tow cars pursuant to NRS 706and NAC 706; The storage of household goods pursuant to NRS 712; Transportation network companies pursuant to NRS 706A and NAC 706A; and Motor carrier safety requirements pursuant to the Federal Motor Carrier Safety Administration (49 CFR as adopted by NAC ). 2 E2

3 The Nevada Transportation Authority s Mission (NRS 706) Pursuant to NRS , the NTA has been charged with the responsibility to: Provide for fair and impartial regulation, to promote safe, adequate, economical and efficient service and to foster sound economic conditions in motor transportation. To encourage the establishment and maintenance of reasonable charges for Intrastate transportation by fully regulated carriers; and non-consent towing services. Without unjust discriminations against or undue preferences or advantages being given to any motor carrier or applicant for a certificate of public convenience and necessity. 3 E3

4 Regulation Under NRS 706 NRS 706 creates and identifies several different duties to regulate passenger motor carriers; tow cars; household goods movers and brokers of transportation. NRS 706 distinguishes between the regulation of fully regulated carriers and those that are not fully regulated. Fully regulated carriers are: common carriers of passengers or household goods who must obtain a Certificate of Public Convenience and Necessity or a Contract Carrier s permit and whose rates, routes and services are subject to regulation by the NTA o Examples of fully regulated carriers: Intrastate charter service performed in a limousine Intrastate scenic tour service performed in various vehicle types Intrastate regular route service performed in a bus Intrastate taxi service anywhere in Nevada (except Clark County) Intrastate transportation of household goods. Carriers that are not fully regulated are: carriers of passengers or property whose rates, routes and services are not subject to regulation by the NTA. o Examples of carriers that are not fully regulated: o Intrastate transportation of passengers by charter bus Regulation limited to issues of safety and insurance coverage o Tow Carriers Consent-Only tow carriers are partially regulated in the areas of safety and insurance coverage. Non Consent tow carriers are regulated in terms of safety, insurance, rates and services, but not regulated in terms of market or financials 4 E4

5 The NTA s Work Force Three Commissioners: One of the Commissioners is designated as the Chair and Executive Officer of the Authority. The Commissioners hold hearings on contested applications, citations, impounds and driver permits. Final decisions on all matters are made at an Agenda subject to the Open Meeting Law. One Deputy Commissioner: Serves as the Chief Financial Officer for the Authority and directs the day to day operation of the Authority. One Administrative Attorney: Assists the Commissioners with the hearings, monthly agendas, drafts orders, notices, and provides legal guidance and research to Commissioners and Authority staff. Administrative Attorney is assisted by one Legal Research Assistant and one Legal Secretary. One Applications Manager and two financial analysts: Review and verify the financial information contained in applications, petitions, annual reports and tariff modifications filed with the Authority in order to make recommendations to the Commissioner(s) during hearings or at AgendaMeetings. Enforcement Unit: One Chief of Enforcement; three Supervisory investigators; seven investigators; and five compliance audit investigators. The Chief of Enforcement supervises all within the Enforcement Unit. The Enforcement Investigators enforce NRS 706, 706A and 712 by issuing citations and impounding vehicles, where authorized, and inspecting vehicles for safety compliance from time to time. The Compliance audit investigators audit the books and records of the carriers, assist with driver s permit background checks, assist the financial analysts in the background investigation of applications filed with the Authority, and conduct vehicle inspections for safety. Administrative Services: two Management Analysts and three Administrative Assistants ensure the functional day to day operations of the Authority. 5 E5

6 Additional NTA Safety Responsibilities 49 CFR The Authority has adopted (with some modifications) by reference via NAC the regulations contained in 49 C.F.R. Parts 40, 382, 383, 385, 387, 390 to 393, inclusive, 395, 396 and 397, and Appendices B and G of 49 C.F.R. Chapter III, Subchapter B, as those regulations existed on May 30, 2012, with some limited exceptions. Based thereon the Authority s officers may, during regular business hours, enter the property of a carrier to inspect its records, facilities and vehicles, including space for cargo and warehouses. Each compliance enforcement officer employed by the Nevada Transportation Authority pursuant to NRS is required to complete training regarding the federal regulations adopted by reference in subsection 1 which relate to common, contract and private motor carriers of passengers and property, including, without limitation, training in commercial vehicle safety inspections provided by the Nevada Highway Patrol. Vehicle Inspections NTA enforcement personnel inspect all vehicles when first placed into service whether permanently or temporarily. Thereafter the carrier is required to perform vehicle inspections for each vehicle every 12 months and provide a copy of the inspections to the Authority. 6 E6

7 Driver s permit requirements Pursuant to NRS , all drivers of common motor carriers are required to submit to a fingerprint-based background check. The results of those checks are reviewed by NTA staff, and any drivers with items of concern are scheduled for a meeting with a Commissioner. The Commissioners identify any items of concern and request additional information from the drivers where appropriate. If the items of concern rise to the levels outlined in NRS (3) or NRS , the matter is scheduled for review by the full Authority at an Agenda meeting. Insurance filing form K The NTA is either a certificate holder or an additional insured on all motor carriers insurance, including TNCs. As such, the NTA would receive a Form K indicating cancellation of insurance and that Form would normally be received 30 days prior to said cancellation. Prior to a TNC s permit being issued and beginning operations, the proposed insurance policy is reviewed by Division of Insurance to ensure compliance with the statutory requirements. 7 E7

8 Warehouse Permits NRS 712 NRS 712 applies to storing for compensation the personal household goods and effects of another where the operator of a warehouse is held out to the public to provide such storage. A Warehouse Permit is required from the NTA before engaging in the warehouse business. The Applicant must provide: Proof of financial ability to protect persons storing property from loss or damage, A showing of sufficient assets, including working capital, to carry out the proposed service. The NTA must Determine that the applicant has sufficient experience in and knowledge of the storage in a warehouse of household goods and effects, and the regulations of the Authority governing the storage of household goods and effects Require proof that the applicant carries a legal policy of liability insurance evidencing coverage against fire, theft, loss and damage for stored property Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for that purpose. Failure to maintain insurance or suitable warehousing conditions is grounds for the NTA revoking a warehouse permit 8 E8

9 TNC s NRS 706A AB 176 in the 2015 Legislature provided the NTA with regulatory authority over the TNC s. TNC s are required to obtain permits from the NTA by providing information showing: o The qualifications and experience of the management and operational personnel; o The technology to be used to provide the services which includes the ability to track and limit the hours of drivers; o Copies of articles of incorporation, articles of organization, or partnership agreement; o State business registration; o Copy of insurance policy that meets the requirements of NRS 690B.400 to 690B.495 and which identifies the NTA as a named insured; and o An example of the required trade dress. The NTA has issued permits to three TNC s: Uber; Lyft and Get Me. TNC s are required to provide the NTA with an annual report on or before May 15 of each year and are required to pay an annual assessment to the NTA. In late 2016, the NTA conducted a rulemaking to modify the regulations on annual assessments and annual reports in late The new regulation, which is currently effective creates: a tiered payment structure (which removes the reporting of actual gross operating revenue, and replaces it with a tiered range) proposes a format for TNC annual reports to be filed by May 15th of each year. 9 E9

10 Pursuant to NRS 706A.27 0, each year TNC s are required to provide the NTA with a report showing: The number of motor vehicle crashes which occurred in this State; The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such a crash; and The highest, lowest and average amount paid for damage to property that occurred as a result of such a crash. The NTA collects the reports submitted by the TNC s and reports the aggregated information to the Legislative Commission or Director of the Legislative Counsel Bureau by December 1. In that submission the NTA also makes a determination as the whether the limits of coverage required pursuant to NRS 690B.470 are sufficient. The NTA submitted this annual report to the Director of the Legislative Counsel Bureau on or about November 30, E10